National Insurance Co. Ltd. v. Sandip Babasaheb Tipale And ORS

928 ca 2902.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 2902 OF 2017 IN FA/4472/2016 WITH CA/16441/2016 IN FA/4472/2016 SANDIP BABASAHEB TIPALE

VERSUS

MANAGER THE NATIONAL INSURANCE CO. LTD. AND ORS ...

Advocate for Applicants : Deshmukh Mohit R.

Advocate for Respondents : A. B. Gatne For R/1 ...

CORAM : V.K. JADHAV, J.

DATE : 07-03-2017.

P.C. :

1.

Heard both the sides. The learned counsel for the insurer submits that, the insurer has preferred the appeal to the extent of quantum particularly to the extent of amount of Rs. 30,00,000/- awarded in excess by the Tribunal. In view of the above statement, the applicant is permitted to withdraw an amount of Rs. 14,93,830/- (Rupees Fourteen Lakhs Ninety Three Thousand Eight Hundred and Thirty Only) along with interest accrued on this amount only. Civil application is accordingly disposed of. 2.

The learned counsel for the applicant submits that the entire amount under the award is deposited before this court. Civil application for stay is accordingly disposed of. 3.

Heard. Admit. Call for record and proceedings. Learned counsel waives notice for respondent-claimants on admission.

(V.K. JADHAV) JUDGE mub